M/s. Rameswarlal and Company Limited v. State of Andhra Pradesh,
WP/19994/2025 · 2025-07-31
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27927 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27927 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010396342025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19994/2025 Between:
1. M/S. RAMESWARLAL AND COMPANY LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT. D.NO. 11-1-23, K.N. ROAD, P.B. NO. 20, TADEPALLIGUDEM, WEST GODAVARI DIST - 534102 REPRESENTED BY ITS MANAGING DIRECTOR, PADAM KUMAR GUPTA
2. PADAM KUMAR GUPTA,, S/O. LATE. SAIT BANSILAL, AGED ABOUT. 80 YEARS, OCC. BUSINESS, R/O. D.NO. 9-11-1, GANESH MILL STREET, TADEPALLIGUDEM, WEST GODAVARI DIST
...PETITIONER(S) AND
1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, ANDHRA PRADESH
2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH,MANGLAGIR, GUNTUR DIST. 3. THE SUPERINTENDENT OF POLICE, . WEST GODAVARI DIST,
4. THE SHO, TADEPALLIGUDEM TOWN POLICE STATION K.N RD, SUBBARAOPET, TADEPALLIGUDEM - 534101
5. VANNEMREDDY SIVA RAMA RAO, S/O. VANNEMREDDY JANARDHANA RAO, AGED ABOUT. 50 YEARS, R/O. DOOR NO. 8- 22-4/1,6TH WARD, JUVVALAPALEM, TADIPALLIGUDEM - 534102
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6. VANNEMREDDY JANARDHAN, S/O. VANNEMREDDY APPA RAO, AGED ABOUT.
70 YEARS, R/O.DOOR NO.8-22-4/1, 6TH WARD, JUVVALAPALEM, TADIPALLIGUDEM - 534102
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue writ or order or direction, more so in the nature of Writ of Mandamus declaring the action of Respondent No. 4 in neither registering the FIR nor conducting cogent investigation against unofficial Respondent No. 5 and 6 for registering a gift /settlement deed bearing Doc No. 12609/2021, dated
28.12.2021 before Joint Sub Registrar, Tadepalligudem declaring themselves as owner of Petitioners property by showing same physical boundaries but clandestinely changing the municipal door number to subvert the attention of the Registration Authority inter alia threatening the petitioners with dire consequences thereby depriving Petitioners right to enjoy the property and creating a sense of fear, as arbitrarily, illegal, deliberate dereliction of duty and against the law laid down by Supreme Court in Lalita Kumari v. Government of U.P., (2014) 2 see 1 and violation of the fundamental rights of the Petitioners, more particularly Article 14, Article 21 and Article 300-A of the Constitution of India and consequently direct Respondent No. 4 to register FIR, investigate and file charge sheet as per the Complaint dated 08.07.2025 filed by Petitioners in accordance law and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct Respondent No. 4 to register FIR, investigate and file charge sheet as per the Complaint dated 08.07.2025 filed by Petitioners in accordance law pending disposal of the above writ petition and pass Counsel for the Petitioner(S):
1. NIKHILESH T Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: … to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the Respondents No.4 in summoning the petitioners to their police station without any registration of crime as illegal, arbitrary and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 4 not to interfere with the life and liberty of the Petitioners unless authorized by the law and pass.…”
2. Heard Sri M.Venkata Mohan Rao, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioners would submit that the police are calling the petitioners to the police station without there being any case registered against them.
4. Learned Assistant Government Pleader for Home on written instructions would submit that basing on the complaint received, the police have enquired into the matter and came to know that the matter is purely civil in nature. Learned Assistant Government Pleader would further submit that the police are not interfering in the civil matters.
5. Considering the submissions made, this writ petition is disposed of. However, it does not preclude the petitioners to work out their remedies before the appropriate forum. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 01.08.2025 MH
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
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WRIT PETITION NO: 19994/2025
Dt.01.08.2025
MH